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Maqubela's defence to argue husband’s death wasn’t caused unlawfully

Acting Judge Patrick Maqubela was found dead in his Bantry Bay apartment in 2009.

FILE: Thandi Maqubela looks weak and dizzy sitting on a bench, head down, breathing heavily during the murder trial of her husband. Picture: Rahima Essop/EWN.

CAPE TOWN - Thandi Maqubela's legal battle will now head to an appeal court after she was given permission to challenge her murder conviction.

In 2013, she was found guilty of killing her husband, acting Judge Patrick Maqubela, although there was no conclusive medical evidence to determine his cause of death.

He was found dead in his Bantry Bay apartment in 2009.

The Western Cape High Court sentenced Maqubela to an effective 18 years behind bars for murder, forgery and fraud in March this year.

In legal papers, her lawyers said in the absence of a definitive cause of death, there's a reasonable possibility his death was not caused unlawfully.

Her lawyers further argued that another court may find there is reasonable doubt whether the deceased's death was caused intentionally.

Maqubela's attorney Jolinda Slager said, "We will be going to the SCA but we do not have a date yet from the SCA itself. That will be a couple of months."

When sentencing Maqubela earlier this year, Judge John Murphy said Maqubela killed her husband during an explosive crisis in their relationship and that she had been humiliated by his extra-marital affairs.